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Seeking a freezing injunction is rarely straightforward. Significant procedural and substantive obstacles must be addressed and overcome before a court will restrict a respondent’s ability to handle their own assets. The need to move at speed and obtain urgent relief to avert imminent asset dissipation frequently adds further complexity and pressure, requiring swift, decisive action. The Checklist below acts as a starting point, flagging the principal issues to consider when preparing and making the application. It is tailored to a without notice application for a domestic or worldwide freezing injunction against a proposed defendant. For fuller, general guidance on applying for a freezing injunction, see the following Practice Notes: Freezing injunctions—guiding principles Freezing injunctions—the application Pre-application considerations Before issuing any application for a freezing injunction, ensure the client fully grasps and is properly prepared for the scale and intensity of the undertaking, and that careful thought has been given to the suitability of seeking this relief in the first place. ...
Interim injunction applications are rarely simple. Applicants face numerous procedural and substantive obstacles before a court will even contemplate awarding this discretionary remedy. This Checklist addresses those issues and aims to help practitioners adopt a structured method when replying to—and, where appropriate, opposing—an on‑notice interim injunction application. It should be read alongside the detailed guidance in the following Practice Notes: Interim injunctions—on notice applications Interim injunctions—the American Cyanamid guidelines Interim injunctions—drafting the order For further assistance with without notice applications, see: Opposing a without notice interim injunction application—checklist. 6 April 2025 changes With effect from 6 April 2025, the CPR provisions governing interim injunctive relief were amended. Notably, CPR 25 underwent substantial revision and the related Practice Directions were revoked, including the exemplar draft orders formerly found in Annex A and Annex B to Practice Direction 25A. In addition, three new ‘model orders’ took effect on 6 April 2025. These reforms were not meant to make material changes to the...
The following provides a list of considerations that are useful to be explored when determining whether to make an application for a preliminary issues trial or split trial, or when seeking to oppose an application for one. Where a preliminary issues trial or a split trial is contemplated or resisted, ensure there is a distinct separation between the matters to be dealt with at each hearing, should such a course be ordered. Keep in mind that the court will consider the full circumstances of the dispute in deciding whether to make any such order. Accordingly, any list of points to weigh up serves only as an initial guide, and you will need to allow for considerations that are specific...
In this issue: Key DR developments Claims and remedies Costs and funding Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Dispute Resolution Highlights 2025/2026 Key DR developments Alternative dispute resolution European Parliament adopts new rules to modernise out-of-court dispute resolution for consumers The European Parliament has approved refreshed measures to enhance consumer out-of-court complaint handling, updating the EU’s ADR framework for the digital landscape and cross-border disputes. The reforms delineate ADR’s reach to cover matters arising both before and after contractual agreements, and in specified circumstances enable involvement by traders from third countries. The directive will come into force 20 days following publication and will begin to apply 32 months thereafter. For more, see: Parliament adopts new rules to modernise out-of-court dispute resolution for consumers—LNB News 16/12/2025 Court information HMCTS update hearing...
Various Claimants v News Group Newspapers Ltd [2024] EWHC 902 (Ch) What are the practical implications of this case? This notable judgment examines when it is right to direct a trial of a preliminary issue before the main hearing. The court emphasised that limitation issues are often apt for early determination, and warned that if such questions are left to be decided only at the final trial, the policy basis of limitation law would be weakened. It also confirms that the governing approach to ordering a preliminary issue trial lies in the ten factors identified by Neuberger J in Steele v Steele [2001] CP Rep 106 (not reported by LexisNexis®UK). In brief, while limitation is frequently suitable for preliminary resolution, the court must still apply those factors when deciding whether a discrete issue should be tried first...
In this issue: Key developments and horizon scanning Repairing obligations and dilapidations Residential tenancies Service charges Rent and rates Disputes and remedies Neighbour disputes Enfranchisement and right to manage Contractual issues Easements and covenants Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and horizon scanning The Renters’ Rights Act 2025—SDLT The Renters’ Rights Act 2025 is intended to bring in tenant-favourable reforms, yet recent reporting has stressed that the roll-out of assured periodic tenancies may result in SDLT becoming payable on rent for some tenants in the years ahead. While these SDLT provisions are long-standing, general awareness remains limited. Andrew Kerr and Ella Perrett of Burges Salmon assess the position. See News Analysis: The Renters’ Rights Act 2025–SDLT. Repairing obligations and dilapidations ...
PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...
This Practice Note explores the steps taken by an inexperienced advocate when preparing a skeleton argument in advance of a hearing in civil proceedings. It sets out the general requirements for this crucial document and highlights court‑specific guidance. It also considers who should review the draft before the skeleton argument is lodged at court. What is a skeleton argument? A ‘skeleton argument’ (referred to in this Practice Note as the ‘skeleton’) is written advocacy preceding and supporting oral submissions. As the label suggests, its role is to map out the arguments an advocate for a party intends to advance on the issues for decision at the hearing to which the skeleton relates. It is not a full treatment of every contention, nor a vehicle for extensive detail about the party’s case. Ordinarily, it will identify the issues, provide limited background sufficient for swift understanding, state the propositions the party filing the skeleton will ask the court to accept at the hearing, indicate the evidence by which those propositions...
This Practice Note sets out how to construe and apply the CPR provisions that determine when a without-notice interim injunction may properly be sought. Depending on the court in which your case is being handled, you should also be alert to additional provisions-see further: Court specific guidance below. For wider guidance, see also the following Practice Notes: Injunctions-guiding principles Interim injunctions-on notice applications 6 April 2025 changes With effect from 6 April 2025, the CPR rules concerning interim injunctive relief were updated. In particular, CPR 25 was comprehensively revised and the related Practice Directions were revoked. The reforms were not intended to change the underlying law or day-to-day practice in a material way, but many provisions were renumbered and relocated. As a result, case law and commentary predating 6 April 2025 should be treated cautiously, as they cites the former provisions, numbering and standard orders. For more background, including links to the text as it stood before 6 April 2025, see: ...
ARCHIVED This Drafting Note is archived and no longer maintained. STOP PRESS: Form N244 was revised on 30 June 2022 and we are updating our templates to reflect this. The official version of the new form is available here. There are only limited scenarios in which a claimant does not need permission to serve the claim form outside England and Wales. To check whether permission was required, see Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? Related Precedents Witness statement supporting an application for an order stating that service of the Claim Form without the Court’s permission was ineffective Draft order stating that service of the claim form without the court’s permission was ineffective General points The application should be made using Application notice: Form N244. In the Commercial Court, the relevant court form is Application notice–Commercial Court: Form N244(CC). These drafting notes are to be used with Form N244 and are...